Nallammal v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Nallammal ... Petitioner Vs.
The State represented by, The Inspector of Police, Kondalampatty Police Station, Salem District.
(Crime No.438 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.438 of 2024, pending investigation on the file of the respondent Police.
For Petitioner :
Mr.T.Elumalai For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.438 of 2024 registered for the offences punishable under Section 4(1-A) of the Tamil Nadu Prohibition Act, is on board for consideration.
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2. The incarceration of the petitioner being from 23.10.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that this is the second application for bail filed by the petitioner before this Court and her earlier bail application in Crl.O.P.No.28199 of 2024 was dismissed on 12.11.2024. He further submits that the petitioner, aged about 51 years, is in no way connected with the alleged offence, whereas, she was arrested in this case, since she has several previous cases. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the accused was found to be in illegal possession of 32 bottles of TASMAC liquor with an intention to sell the same to the public in higher price. He further submits that eleven previous cases are pending against the petitioner and this is her second bail application before this Court.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration 2/4
undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Salem, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent Police everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
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A.D.JAGADISH CHANDIRA.,J.
ham [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 04.12.2024 ham To
1. The Judicial Magistrate No.V, Salem.
2. The Inspector of Police, Kondalampatty Police Station, Salem District.
3. The Superintendent, Central Prison (Women), Salem.
4. The Public Prosecutor, High Court of Madras.
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